Иностранный язык (европейский) (стр. 3 )

1.4 Criminal justice and criminal proceedings

Translate words and collocations with the dictionary.

Crown Prosecution Service criminal justice charge with a crime investigate a crime apprehend suspects

send the case back Criminal Defence Service summary offences alleged offences indictment

Find in the text the English equivalents of the following:

содержать под стражей; реальная перспектива осуждения; продолжить судебное преследование; вызов повесткой; ордер на арест, выданный мировым судом (судом магистрата); оплатить все судебные издержки; малозначительные преступления; подлежат рассмотрению двумя судами; способ судебного разбирательства; если подсудимый не признает себя виновным; бремя доказательства; доказать вину при отсутствии обоснованного в том сомнения; удовлетворить ходатайство о передаче на поруки.

Duncan Ritchie, a barrister, is talking to a visiting group of young European lawyers.

A.  Criminal justice

‘The state prosecutes those charged with a crime. The police investigate a crime and may apprehend suspects and detain them in custody. If the police decide an offender should be prosecuted, a file on the case is sent to the Crown Prosecution Service (CPS) - the national prosecution service for England and Wales. The CPS must consider whether there is enough evidence for a realistic prospect of conviction, and if so, whether the public interest requires a prosecution. They can decide to either go ahead with the prosecution, send the case back to the police for a caution, or take no further action. Criminal proceedings can be initiated either by the serving of a summons setting out the offence and requiring the accused to attend court, or, in more serious cases, by a warrant of arrest issued by a Magistrates' Court. Lawyers from the CPS may act as public prosecutors. The Criminal Defence Service provides legal aid, which funds the services of an independent duty solicitor who represents the accused in the police station and in court. However, at the end of a Crown Court case the judge has the power to order the defendant to pay some or all of the defence costs.’

B.  Categories of criminal offence

'There are three categories of criminal mmary offences, tried without a jury, are minor crimes only triable in the Magistrates' Court. Indictable offences are serious crimes, such as murder, which can only be heard in the Crown Court. The formal document containing the alleged offences, supported by facts, is called the indictment. A case which can be heard in either the Magistrates' Court or the Crown Court, such as theft or burglary, is triable either way. If the defendant pleads guilty, the Magistrates' Court can either proceed to sentence or commit to the Crown Court for sentence, where more severe penalties are available. If there is a not guilty plea, the court can decide the mode of trial. The person charged may request a trial by jury. If granted, such trials take place in the Crown Court.'

C.  Criminal court proceedings

'The English system of justice is adversarial, which means that each side collects and presents their own evidence and attacks their opponent's by cross-examination. In a criminal trial, the burden of proof is on the prosecution to prove beyond reasonable doubt that the accused is guilty. A person accused or under arrest for an offence may be granted bail and temporarily released. However, bail may be refused, for example if there are grounds for believing that the accused would fail to appear for trial or commit an offence. In the Crown Court, there may be a preparatory hearing for a complex case before the jury is sworn in. Prior to the trial, there is a statutory requirement for disclosure by the prosecution and defence of material relevant to the case, for example details of any alibis - people who can provide proof of the accused's whereabouts at the time of the crime - or witnesses - people who may have seen something relevant to the crime. Once a trial has begun, the defendant may be advised by counsel to change his or her plea to guilty, in expectation of a reduced sentence. If, at the end of the trial, the court's verdict is not guilty, then the defendant is acquitted."

1.  Complete the definitions. Look at A and В opposite to help you.

1)  a _____ - a court document authorising the police to detain someone

2)  an _____ - a written statement with details of the crimes someone is charged with

3)  a _____ - a formal order to attend court

2.  Make word combinations from А, В and С opposite using, words from the box. Then use appropriate word combinations from the box to complete the sentences below.

criminal	doubt	sentence	indictable
guilty	severe	plea	realistic
reasonable	defence	proceedings	costs
reduced	prospect	offences	penalties

1)  The Crown Prosecutor considers whether there's sufficient evidence to provide a _____ of conviction.

2)  There should be no conviction without proof beyond _____.

3)  The Crown Court always hears _____ such as manslaughter.

4)  In sentencing serious crimes, courts can impose _____.

5)  At the end of a trial, a defendant may be ordered to pay a contribution towards _____.

3.  Replace the underlined words and phrases with alternative words and phrases from A, В and С opposite. Pay attention to the grammatical context. There is more than one possibility for one of the answers. Then put the sentences into the correct order chronologically. The first stage is f.

a.  Bail may be refused and the defendant may be (1) held in police custody.

b.  Alternatively, the defendant may be (2) found not guilty by the court and discharged.

c.  Once proceedings have been initiated, the defendant (3) comes before the court.

d.  The police formally (4) accuse the suspect in the police station.

e.  If the offender pleads guilty in the Magistrates' Court, the court imposes a (5) punishment.

f.  The police investigate a serious offence and (6) arrest a suspect.

g.  The suspect may ask for (7) release from custody before the trial.

1.5 Criminal liability: actus reus and mens rea

Translate words and collocations with the dictionary.

mens rea statutory offences negligence be vicariously liable blameworthy unlawfully

reckless actus reus prohibited act wrongful deed vicarious liability procuring

Find in the text the English equivalents of the following:

правонарушения, предусматривающие привлечение к строгой ответственности; моральное порицание; норма уголовного права; психическое состояние; определение вины; взлом и проникновение с намерением совершить кражу; риск не имеющий оправдания; преднамеренное владение; вождение в сонном виде; пойманный на месте преступления (с поличным); фактическое владение; неопровержимо презюмируемое владение; непреднамеренное владение; абсолютное владение; исходные химические препараты для создания наркотиков.

Almost all common law offences and serious statutory offences require two elements, actus reus and mens rea. The easiest way to understand these elements is to think of actus reus as the physical act, and mens rea as the intent to do that act. Some offences are satisfied with negligence instead of mens rea. Many minor statutory offences require proof only of the actus reus: these are called strict liability offences. In addition, a person may sometimes be vicariously liable in criminal law for the act and even mens rea of another person. Lastly a corporation, a non-human, may be held personally liable for acts of its directors or servants.

A.  Mens Rea

Mens rea is Latin for “guilty mind.” The mens rea concept expresses a belief that people should be punished (fined or imprisoned) only when they have acted with an intent or purpose that makes them morally blameworthy.

Mens rea is never identified as a distinct element of a crime. Instead, moral blame is almost always the underlying justification for the enactment of a criminal law. In the legal system’s eyes, people who intentionally engage in the behavior prohibited by a law have mens rea; they are morally blameworthy. For example, a murder law may prohibit “the intentional and unlawful killing of one human being by another human being.” Under this law, one who intentionally and unlawfully kills another person had the mental state, or mens rea at the time of the killing to make them morally blameworthy for that death.

The principle of mens rea

·  circumstantial - determination of mens rea through indirect evidence.

·  confessions - clear-cut direct evidence of mens rea beyond a reasonable doubt.

·  strict liability - crimes requiring no mens rea; liability without fault; corporate crime, environmental crime.

·  constructive intent - one has the constructive intent to kill if they are driving at high speeds on an icy road with lots of pedestrians around.

·  general intent - the intent to commit the actus reus of the crime one is charged with; e. g., rape.